Hudson board is aiming for smoke-free Benson Park

By John Collins, jcollins@lowellsun.com

Updated:
11/26/2012 06:36:20 AM EST

HUDSON, N.H. -- While playing with her nearly 2-year-old son at the playground in Benson Park recently, Hudson resident Lindsey Benson found herself very discomfited by the sight of a man smoking a cigarette as he pushed a young girl on the swing-set a few yards away, she said.

Rather than remain dumbstruck, however, Benson (who is unrelated to the former zoo and amusement park's original owner) politely asked the man to put the cigarette out -- to which he quickly complied, Benson told selectmen at their Nov. 13 meeting.

As a result of Benson's testimony during the public-input segment of the meeting, as well as a letter she wrote to the board a few days before, selectmen voted 5-0 to start the process of passing a new town ordinance banning smoking anywhere on the Benson Park property -- if not on all town playgrounds -- starting next spring, selectmen Chairman Roger Coutu said.

"The more I thought about it, it surprised me there were no signs at Benson Park regarding smoking, or any kind of rule that there was no smoking at the playground specifically, that are built to give children a safe environment to play in," said Benson. "I can choose to walk away from someone who's smoking if I feel uncomfortable, but children don't understand that yet."

Built in October 2011 for $87,000 using available town recreation-impact fees, the playground at Benson Park space measures 147 feet by 96 feet, Town Administrator Steve Malizia said.

After Benson spoke, selectmen indicated they intend to make more than just the playground off-limits to smoking, with Selectman Ted Luszey making a motion, seconded by Selectman Nancy Brucker, to ask the Benson Park Committee to meet with Police Chief Jason Lavoie to craft an ordinance that will ban smoking throughout the 166-acre park.

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"I find it inconceivable that an adult smoker would smoke a cigarette in a children's playground place," said Coutu. "But we do have to consult with the police chief, and have to concern ourselves with enforcement."

In researching the legality of banning smoking at public parks, Benson said she was concerned to learn the state Supreme Court had ruled previously that individual New Hampshire towns can only restrict smoking at play parks for reasons of sanitation and fire safety.

"But on both of those grounds, I believe cigarette butts pose a major threat," said Benson. "Cigarette butts are the most littered items in America, and so it increases the chances a curious child will pick up a discarded butt and swallow, choke on it, or burn themselves. Also, the ground area of the Benson Park playground is made of wood chips, which could be inflamed quickly by a discarded cigarette butt.

"We all know the world can be a dangerous place, but I want to defend children's rights to have a smoke-free play place," Benson added.

Only after there is a proposed ordinance in writing can the board schedule the required public hearings on it, Coutu said. After following proper procedure, it's likely a no-smoking policy will be in place at the park by next spring, the chairman said.

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